Labar v. State
| Decision Date | 03 July 1991 |
| Docket Number | No. 90-02348,90-02348 |
| Parties | Barbara Estell LABAR, Appellant, v. STATE of Florida, Appellee. 584 So.2d 37, 16 Fla. L. Week. D1768 |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and John S. Lynch, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Michele Taylor, Asst. Atty. Gen., Tampa, for appellee.
We affirm defendant's convictions for battery on a law enforcement officer and obstructing or opposing an officer without violence.
Defendant's contention concerning the sufficiency of the evidence was not preserved for appeal. See Gomez v. State, 309 So.2d 56 (Fla. 2d DCA 1975). Defendant's contention that the trial court erred in announcing defendant's guilt before defense counsel made a closing argument and announced that the defense had rested was waived. See M.S. v. State, 584 So.2d 36 (Fla. 2d DCA 1991).
However, we strike the special conditions of probation because they did not conform to the oral pronouncement at the sentencing hearing. See Seawright v. State, 572 So.2d 990 (Fla. 2d DCA 1990); Williams v. State, 542 So.2d 479 (Fla. 2d DCA 1989).
Affirmed except remanded for conformance of the sentence to the oral pronouncement.
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...mandated and were not orally pronounced at sentencing. See Tomlinson v. State, 645 So.2d 1 (Fla. 2d DCA 1994); Labar v. State, 584 So.2d 37 (Fla. 2d DCA 1991). Although Mr. Reyes contends that the trial court erred in requiring him to obtain a high school diploma as a special condition of p......
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...participate in self-improvement programs. These conditions were not orally pronounced and must therefore be stricken. Labar v. State, 584 So.2d 37 (Fla. 2d DCA 1991). Appellant's second point concerns the validity of various costs assessed against him. Appellant agreed to pay $250 to the Co......
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...it was not orally pronounced, we remand for the trial judge to strike special condition (6) of the probation order. Labar v. State, 584 So.2d 37 (Fla. 2d DCA 1991). We otherwise Affirmed but remanded with directions. SCHOONOVER, C.J., and DANAHY and FRANK, JJ., concur. ...
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...of probation because they did not conform to the oral pronouncement of sentence imposed at the sentencing hearing. Labar v. State, 584 So.2d 37 (Fla. 2d DCA 1991). Affirmed, except remanded for conformance of the sentence to the oral DANAHY, A.C.J., and PARKER and PATTERSON, JJ., concur. ...